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WESTERN ESSEX CORP. v. CASIO, INC.

Civ. A. No. 87-1648.

674 F.Supp. 8 (1987)

WESTERN ESSEX CORPORATION, a Pennsylvania Corporation t/d/b/a Suburban Cash Register Company, Plaintiff, v. CASIO, INC. a New York Corporation, Defendant.

United States District Court, W.D. Pennsylvania.

October 27, 1987.

Attorney(s) appearing for the Case

Joseph M. Kulik, Pittsburgh, Pa., for plaintiff.

Bernard D. Marcus, Pittsburgh, Pa., Michael G. Shannon, Summit Rovins & Feldesman, New York City, for defendant.

OPINION

GERALD J. WEBER, District Judge.

Defendant has filed a motion to dismiss various aspects of plaintiff's complaint. Assuming all well-pleaded facts of the complaint to be true for the purposes of this motion, we address seriatim the issues raised by defendant.

A) PUNITIVE DAMAGES

In Count I, plaintiff pleads breach of contract, but includes allegations of maliciousness on the part of defendant and demands an award of punitive damages...

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